FAO - Conference (31st Session)

Code of Conduct - 2001 revised version		Code of Conduct - 1989 amended version
10.1 All pesticide containers should be clearly labelled in accordance with applicable guidelines, at least in line with the FAO guidelines on good labelling practice (3).		10.1 All pesticide containers should be clearly labelled in accordance with applicable international guidelines, such as the FAO guidelines on good labelling practice.
10.2 Industry should use labels that:		10.2 Industry should use labels that:
10.2.1 comply with registration requirements and include recommendations consistent with those of the recognized research and advisory agencies in the country of sale;		10.2.1 include recommendations consistent with those of the recognized research and advisory agencies in the country of sale;
10.2.2 include appropriate symbols and pictograms whenever possible, in addition to written instructions, warnings and precautions in the appropriate language or languages (3);		10.2.2 include appropriate symbols and pictograms whenever possible, in addition to written instructions, warnings and precautions;
10.2.3 comply with national or international labelling requirements for dangerous goods in international trade and, if appropriate, clearly show the appropriate WHO hazard classification of the contents (3,35,36);		10.2.3 in international trade, clearly show appropriate WHO hazard classification of the contents (11) or, if this is inappropriate or inconsistent with national regulations, use the relevant classification;
10.2.4 include, in the appropriate language or languages, a warning against the reuse of containers and instructions for the safe disposal or decontamination of used containers;		10.2.4 include, in the appropriate language or languages, a warning against the reuse of containers, and instructions for the safe disposal or decontamination of empty containers;
10.2.5 identify each lot or batch of the product in numbers or letters that can be understood without the need for additional code references;		10.2.5 identify each lot or batch of the product in numbers or letters that can be read, transcribed and communicated by anyone without the need for codes or other means of deciphering;
10.2.6 clearly show the release date (month and year) of the lot or batch and contain relevant information on the storage stability of the product (21).		10.2.6 are marked with the date (month and year) of formulation of the lot or batch and with relevant information on the storage stability of the product.
10.3 Pesticide industry, in cooperation with government, should ensure that:		10.3 Industry should ensure that:
10.3.1 packaging, storage and disposal of pesticides conform in principle to the relevant FAO, UNEP¹⁰, WHO guidelines or regulations (27,28, 37, 39, 40) or to other international guidelines where applicable;		10.3.1 packaging, storage and disposal of pesticides conform in principle to the FAO guidelines for packaging and storage, the FAO guidelines for the disposal of waste pesticides and containers, and WHO specifications for pesticides used in public health;
10.3.2 packaging or repackaging is carried out only on licensed premises where the responsible authority is satisfied that staff are adequately protected against toxic hazards, that the resulting product will be properly packaged and labelled, and that the content will conform to the relevant quality standards.		10.3.2 in cooperation with governments, packaging or repackaging is carried out only on licensed premises where the responsible authority is convinced that staff are adequately protected against toxic hazards, that the resulting product will be properly packaged and labelled, and that the content will conform to the relevant quality standards.
10.4 Governments should take the necessary regulatory measures to prohibit the repackaging or decanting of any pesticide into food or beverage containers and rigidly enforce punitive measures that effectively deter such practices.		10.4 Governments should take the necessary regulatory measures to prohibit the repacking, decanting or dispensing of any pesticide into food or beverage containers in trade channels and rigidly enforce punitive measures that effectively deter such practices.
10.5 Governments, with the help of pesticide industry and with multilateral cooperation, should inventory obsolete or unusable stocks of pesticides and used containers, establish and implement an action plan for their disposal, or remediation in the case of contaminated sites (41), and record these activities		- new paragraph in revised Code -
10.6 Pesticide industry should be encouraged, with multilateral cooperation, to assist in disposing of any banned or obsolete pesticides and of used containers, in an environmentally sound manner, including reuse with minimal risk where approved and appropriate.		- new paragraph in revised Code -
10.7 Governments, pesticide industry, international organizations and the agricultural community should implement policies and practices to prevent the accumulation of obsolete pesticides and used containers (37).		- new paragraph in revised Code -

Article 11. Advertising

Article 12. Monitoring and observance of the Code

Code of Conduct - 2001 revised version		Code of Conduct - 1989 amended version
12.1 The Code should be published and should be observed through collaborative action on the part of governments, individually or in regional groupings, appropriate organizations and bodies of the United Nations system, international, governmental and non-governmental organizations and the pesticide industry.		12.1 The Code should be published and should be observed through collaborative action on the part of governments, individually or in regional groupings, appropriate organizations and bodies of the United Nations system, international governmental organizations and the pesticide industry.
12.2 The Code should be brought to the attention of all concerned in the regulation, manufacture, distribution and use of pesticides, so that governments, individually or in regional groupings, pesticide industry, international institutions, pesticide user organizations, agricultural commodity industries and food industry groups (such as supermarkets) that are in a position to influence good agricultural practices, understand their shared responsibilities in working together to ensure that the objectives of the Code are achieved.		12.2 The Code should be brought to the attention of all concerned in the manufacture, marketing and use of pesticides and in the control of such activities, so that governments, individually or in regional groupings, industry and international institutions understand their shared responsibilities in working together to ensure that the objectives of the Code are achieved.
12.3 All parties should observe this Code and should promote the principles and ethics expressed by the Code, irrespective of other parties' ability to observe the Code. The pesticide industry should cooperate fully in the observance of the Code and promote the principles and ethics expressed by the Code, irrespective of a government's ability to observe the Code.		12.3 All parties addressed by this Code should observe this Code and should promote the principles and ethics expressed by the Code, irrespective of other parties' ability to observe the Code. The pesticide industry should cooperate fully in the observance of the Code and promote the principles and ethics expressed by the Code, irrespective of a government's ability to observe the Code.
12.4 Independently of any measures taken with respect to the observance of this Code, all relevant legal rules, whether legislative, administrative, judicial or customary, dealing with liability, consumer protection, conservation, pollution control and other related subjects, should be strictly applied.		12.4 Independently of any measures taken with respect to the observance of this Code, all relevant legal rules, whether legislative, administrative, judicial or customary, dealing with liability, consumer protection, conservation, pollution control and other related subjects should be strictly applied.
12.5 Governments and other parties concerned:		- new paragraphs in revised Code -
12.5.1 are encouraged to observe the provisions laid down in any international instruments to which they are party, concerning chemicals management, environmental and health protection, sustainable development and international trade, relevant to the Code (Annex 1);
12.5.2 are encouraged, if they have not yet joined, ratified or acceded to such instruments, to evaluate the appropriateness of so doing as soon as possible.
12.6 FAO and other competent international organizations should give full support to the observance of the Code.		12.5 FAO and other competent international organizations should give full support to the observance of the Code, as adopted.
12.7 Governments, in collaboration with FAO, should monitor the observance of the Code and report on progress made to the Director-General of FAO.		12.6 Governments should monitor the observance of the Code and report on progress made to the Director-General of FAO.
12.8 Pesticide industry is invited to provide reports to the Director-General of FAO on its product stewardship activities related to observance of the Code.		- new paragraph in revised Code -
12.9 NGOs and other interested parties are invited to monitor activities related to the implementation of the Code and report these to the Director-General of FAO.		- new paragraph in revised Code -
12.10 Governing Bodies of FAO should periodically review the relevance and effectiveness of the Code. The Code should be considered a dynamic text which must be brought up to date as required, taking into account technical, economic and social progress.		12.7 Governing Bodies should periodically review the relevance and effectiveness of the Code. The Code should be considered a dynamic text which must be brought up to date as required, taking into account technical, economic and social progress.

Annex 1

International policy instruments in the field of chemicals management,
environmental and health protection, sustainable development
and international trade, relevant to the Code.

International policy instruments which address one or more aspects of the life-cycle of a pesticide include, but are not limited to, the ones listed below. Some have direct operational implications for pesticide distribution and use, while others provide a more general policy context. Dates of entry into force are given for those instruments that were legally binding at the time of adoption of the revision of this Code.

A. International policy instruments with direct operational implications for pesticide management.

The Codex Alimentarius, and more specifically the Codex Committee on Pesticide Residues, operational since 1966 (42);

The Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in 1987 and entered into force in 1989, and its subsequent amendments (43);

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, adopted in 1989 and entered into force in 1992 (40);

The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, adopted in 1998 (1);

The Stockholm Convention on Persistent Organic Pollutants, adopted in 2001 (44).

A. International policy instruments that provide a general policy context for pesticide management.

The Convention Concerning Safety in the Use of Chemicals at Work, adopted in 1990 and entered into force in 1993 (45);

The Rio Declaration on Environment and Development, proclaimed by the United Nations Conference on Environment and Development in 1992 (46);

Agenda 21 - Global Programme of Action on Sustainable Development, and more specifically chapters 14 (Promoting Sustainable Agriculture and Rural Development) and 19 (Environmentally Sound Management of Toxic Chemicals, Including Prevention of Illegal International Traffic in Toxic and Dangerous Products), adopted in 1992 (47);

The Convention on Biological Diversity, adopted in 1992 and entered into force in 1993 (48);

The Convention Concerning the Prevention of Major Industrial Accidents, adopted in 1993 and entered into force in 1997 (49);

The Rome Declaration on World Food Security and The World Food Summit Plan of Action, adopted in 1996 (50);

The World Health Declaration and Health-for-all in the 21^st Century, adopted in 1998 (51).

Annex 2

References

1 . Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. FAO/UNEP, Rome/Geneva. 1998. [further information and Convention text at: http://www.pic.int ]

6. Guidelines on good practice for ground application of pesticides. FAO, Rome. 2001.

7. Guidelines on good practice for aerial application of pesticides. FAO, Rome, 2001.

8. Guidelines on minimum requirements for agricultural pesticide application equipment. FAO, Rome. 2001.

9. Guidelines on standards for agricultural pesticide application equipment and related test procedures. FAO, Rome. 2001.

10. Guidelines on procedures for the registration, certification and testing of new pesticide application equipment. FAO, Rome. 2001.

11. Guidelines on the organization of schemes for testing and certification of agricultural pesticide sprayers in use. FAO, Rome. 2001.

12. Guidelines on organization and operation of training schemes and certification procedures for operators of pesticide application equipment. FAO, Rome. 2001.

15. OECD principles on good laboratory practice (as revised in 1997). Organization for Economic Co-operation and Development, Paris. 1998. [principles' text at: http://www.oecd.org/env/glp.htm ]

16. Guidelines on good laboratory practice in pesticide residue analysis. Codex Alimentarius. Volume 2a, Part 1. FAO, Rome. 2000.

19. Recommended methods of sampling for the determination of Pesticide Residues. Codex Alimentarius. Vol 2, 2^nd edition, FAO, Rome. 1993. [http://www.fao.org/es/ESN/Books/Codexpub.pdf]

25. The IPCS INTOX system. WHO/ILO/UNEP, Geneva. [information available at: http://www.intox.org].

26. Guidelines for retail distribution of pesticides with particular reference to storage and handling at the point of supply to users in developing countries. FAO, Rome. 1988. [guidelines' text at: http://www.fao.org/WAICENT/FaoInfo/Agricult/AGP/AGPP/Pesticid/ ]

29. Guidelines for the registration and control of pesticides (including a model scheme for the establishment of national organizations). FAO, Rome. 1985. & Addenda. FAO, Rome. 1988. [guidelines' text at: http://www.fao.org/WAICENT/FaoInfo/Agricult/AGP/AGPP/Pesticid/ ]

32. OECD guidance for country data review reports on plant protection products and their active substances (« monograph guidance »). Revision 1. OECD, Paris. 2001. [guidelines' text at : http://www.oecd.org/ehs/PestGD01.htm].

33. OECD guidance for industry data submissions on plant protection products and their active substances (« dossier guidance »). Revision 1. OECD, Paris. 2001. [guidelines' text at : http://www.oecd.org/ehs/PestGD01.htm].

34. WTO Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS). Annex 1C to The Marrakesh Agreement Establishing the World Trade Organization. WTO, Geneva. 1994. [further information and Agreement text at:
http://www.wto.org/english/tratop_e/trips_e/trips_e.htm].

35. The WHO recommended classification of pesticides by hazard and guidelines to classification 1998-1999. WHO, Geneva. 1998. [classification text at : http://www.who.int/pcs/pcs_act.htm ]

38. Inventory of IPCS and other pesticide evaluations and summary of toxicological evaluations performed by the Joint Meeting on Pesticide Residues (JMPR). Evaluations through 2000. WHO, Geneva. 2001. [inventory text at: http://www.who.int/pcs/jmpr/jmpr.htm ]

40. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. UNEP, Geneva. 1989. [further information and Convention text at: http://www.unep.ch/basel/ ]

41. Assessing soil contamination - a reference manual. FAO Pesticide Disposal Series Nº8. FAO, Rome. 2000.

43. Montreal Protocol on Substances that Deplete the Ozone Layer as adjusted and/or amended in London 1990, Copenhagen 1992, Vienna 1995, Montreal 1997 and Beijing 1999. UNEP, Nairobi. 2000. [further information and protocol text at: http://www.unep.org/ozone/ ]

44. Stockholm Convention on Persistent Organic Pollutants. UNEP, Geneva. 2001. [further information and Convention text at: http://irptc.unep.ch/pops/ ]

46. Rio Declaration on Environment and Development. United Nations, New York. 1992 [further information and Declaration text at: http://www.un.org/esa/sustdev/agenda21.htm ]

47. Agenda 21 - Global Programme of Action on Sustainable Development. United Nations, New York. 1992. [further information and Agenda text at: http://www.un.org/esa/sustdev/agenda21.htm ]

48. Convention on Biological Diversity. UNEP, Montreal. 1992 [further information and Convention text at: http://www.biodiv.org/ ]

50. Rome Declaration on World Food Security and World Food Summit Plan of Action. FAO, Rome. 1996. [further information and Declaration text at: http://www.fao.org/wfs/homepage.htm ]

51. World Health Declaration and Health-for-all in the 21^st Century. WHO, Geneva. 1998. [further information and Declaration text at: http://www.who.int/archives/hfa/policy.htm ]

Code of Conduct - 2001 revised version		Code of Conduct - 1989 amended version
11.1 Governments should control, by means of legislation, the advertising of pesticides in all media to ensure that it is not in conflict with label directions and precautions, particularly those relating to proper maintenance and use of application equipment, appropriate personal protective equipment, special precautions for children and pregnant women or the dangers of reusing containers.		- new paragraph in revised Code -
11.2 Pesticide industry should ensure that:		11.1 Industry should ensure that:
11.2.1 all statements used in advertising are technically justified;		11.1.1 all statements used in advertising are capable of technical substantiation;
11.2.2 advertisements do not contain any statement or visual presentation which, directly or by implication, omission, ambiguity or exaggerated claim, is likely to mislead the buyer, in particular with regard to the "safety" of the product, its nature, composition or suitability for use, official recognition or approval;		11.1.2 advertisements do not contain any statement or visual presentation which, directly or by implication, omission, ambiguity or exaggerated claim, is likely to mislead the buyer, in particular with regard to the safety of the product, its nature, composition, or suitability for use, or official recognition or approval;
11.2.3 pesticides which are legally restricted to use by trained or registered operators are not publicly advertised through journals other than those catering for such operators, unless the restricted availability is clearly and prominently shown;		11.1.3 pesticides which are legally restricted to use by trained or registered operators are not publicly advertised through journals other than those catering for such operations, unless the restricted availability is clearly and prominently shown;
11.2.4 no company or individual in any one country simultaneously markets different pesticide active ingredients or combinations of ingredients under a single brand name;		11.1.4 no firm or individual in any one country simultaneously markets different pesticide active ingredients or combinations of ingredients under a single distinguishing name;
11.2.5 advertising does not encourage uses other than those specified on the approved label;		11.1.5 advertising does not encourage uses other than those specified on the approval label;
11.2.6 promotional material does not include recommendations at variance with those of the recognized research and advisory agencies;		11.1.6 promotional material does not include use recommendations at variance with those of the recognized research and advisory agencies;
11.2.7 advertisements do not misuse research results, quotations from technical and scientific literature or scientific jargon to make claims appear to have a scientific basis they do not possess;		11.1.7 advertisements do not misuse research results or quotations from technical and scientific literature; and scientific jargon and irrelevancies are not used to make claims appear to have a scientific basis they do not possess;
11.2.8 claims as to safety, including statements such as "safe", "non-poisonous", "harmless", "non-toxic" or "compatible with IPM," are not made without a qualifying phrase such as "when used as directed". [However, reference to use within specified IPM programmes may be included if validated by the regulating authority and the claim qualified accordingly];		11.1.8 claims as to safety, including statements such as "safe", "non-poisonous", "harmless", "non-toxic", are not made, with or without a qualifying phrase such as "when used as directed";
11.2.9 statements comparing the risk, hazard or "safety" of different pesticides or other substances are not made;		11.1.9 statements comparing the safety of different products are not made;
11.2.10 misleading statements are not made concerning the effectiveness of the product;		11.1.10 misleading statements are not made concerning the effectiveness of the product;
11.2.11 no guarantees or implied guarantees, such as "more profits with..." or "guarantees high yields," are given unless definite evidence to substantiate such claims is available;		11.1.11 no guarantees or implied guarantees e.g. "more profits with...", "guarantees high yields" are given unless definite evidence to substantiate such claims is available;
11.2.12 advertisements do not contain any visual representation of potentially dangerous practices, such as mixing or application without sufficient protective clothing, use near food or use by or in the vicinity of children;		11.1.12 advertisements do not contain any visual representation of potentially dangerous practices, such as mixing or application without sufficient protective clothing, use near food, or use by or near children;
11.2.13 advertising or promotional material draws attention to the appropriate warning phrases and symbols as laid down in the FAO labelling guidelines (3);		11.1.13 advertising or promotional material draws attention to the appropriate warning phrases and symbols as laid down in the labelling guidelines;
11.2.14 technical literature provides adequate information on correct practices, including the observance of recommended application rates, frequency of applications and pre-harvest intervals;		11.1.14 technical literature provides adequate information on correct practices, including the observance of recommended rates, frequency of applications, and safe pre-harvest intervals;
11.2.15 false or misleading comparisons with other pesticides are not made;		11.1.15 false or misleading comparisons with other pesticides are not made;
11.2.16 all staff involved in sales promotion are adequately trained and possess sufficient technical knowledge to present complete, accurate and valid information on the products sold;		11.1.16 all staff involved in sales promotion are adequately trained and possess sufficient technical knowledge to present complete, accurate and valid information on the products sold;
11.2.17 advertisements encourage purchasers and users to read the label carefully, or have the label read to them if they cannot read;		11.1.17 advertisements encourage purchasers and users to read the label carefully, or have the label read to them if they cannot read.
11.2.18 advertisements and promotional activities should not include inappropriate incentives or gifts to encourage the purchase of pesticides.		- new paragraph in revised Code -
11.3 International organizations and public sector groups should call attention to departures from this Article.		11.2 International organizations and public-sector groups should call attention to departures from this Article.
- paragraph 11.3 in old Code has been deleted in revised Code -		11.3 Governments are encouraged to work with manufacturers to take advantage of their marketing skills and infrastructure, in order to provide public-service advertising regarding the safe and effective use of pesticides. This advertising could focus on such factors as proper maintenance and use of equipment, special precautions for children and pregnant women, the danger of reusing containers, and the importance of following label directions.

Article 10. Labelling, packaging, storage and disposal

Article 11. Advertising

Article 12. Monitoring and observance of the Code

Annex 1

Annex 2

References